PIL

Diplomatic protection: May not be exercised by a state of nationality in respect of a person against a state of which that person is also a national unless the nationality of the former state is predominant. Consists on the innovation by natural and legal persons through diplomatic action of the responsibility of another sate. May not be exercised by a state in respect of a person that is not its national. Means the right of a legal person to determine the international responsibility of a state for an injury caused to it.

In Spain, the treaties which require the prior authorization by Parliament are: International treaties set forth in article 94.2 of the Spanish Constitution. International treaties which are not accompanied by reservation. International treaties set forth in articles 93 and 94.1 of the Spanish Constitution. International treaties which are not accompanied by interpretative declarations.

What is an international administrative agreement under Spanish Law 25/2014?. It is an agreement of domestic nature which does not establish a treaty. It is an agreement set out in the treaty that implement or specifies the terms of. It is a treaty concluded by administrative bodies, agencies, or entities of a subject of International Law. It is an agreement governed by Domestic Law.

Spain can make a reservation to a treaty: In order to denounce the obligations deriving form a treaty. When accepting the treaty and purporting to exclude or modify the legal effect of a provision of a treaty. After the entry into force of the treaty. When signing the treaty and purporting to clarify the scope attributed to a provision of the treaty.

The ICJ judgement of 26 February 2007 on the Srebrenica case: Determined the perpetration of massive killings in Serbia. Determined the massive killings were not accompanied by the specific intent to destroy the protected group. Attribute the killings to Serbia under the rules of state responsibility. Determined the perpetration of massive killings in Bosnia.

Authentication of a treaty means in general International Law and Spanish Law. The signature of an international treaty whereby Spain expresses its consent to be bound by it. The signature ad referendum with the prior approval of the Council of Ministers. An act whereby Spain expresses its agreement on the text of a treaty. An act whereby Spain establishes the text of an international treaty as correct, authentic and definitive.

Within the context of the ICJ judgement of 1 October 2018, Bolivia v. Chile: A point of law was whether or not certain unilateral acts could give rise to an obligation to negotiate access to the Pacific Ocean. The ICJ stated that acquiescence was kind of bilateral treaty. Bolivia submitted that it had the right to delimitation of maritime boundaries with Chile. The ICJ uphold the right of Bolivia to an access to the Pacific Ocean.

Are judicial decisions and precedents subsidiary means for the determination of rules of law?. No, only the teaching of world class publicists can have this meanings. Yes, together with the teaching of world class publicists. Yes, where general principles of law are borrowed from domestic law. No, because there cannot be judicial consistency.

In Spain, all resolutions of International Organizations: Are automatically incorporated into Spanish Law. Are incorporated into Spanish Law under a dualist approach. Are not automatically incorporated into Spanish Law. Are legally binding.

Is the UK notification of withdrawal from the EU an autonomous unilateral act?. No, because it depends on the provisions of an international treaty. No, because it depends on reactions of other states. Yes, because the unilateral act was performed by the Queen. No, because it is contrary to a peremptory norm of International Law.

What is the indispensable requirement to the formation of a custom?. Complete uniformity of state practice. Long duration of state practice. Extensive and uniform state practice, including acts and omissions. Extensive and uniform state practice showing a general recognition that a rule of law is involved.

The King of Spain: Need not produce full powers to express Spain’s consent to be bound by a treaty. Need not produce full powers to represent Spain and carry out any international act concerning a treaty including to negotiate the text thereof. May sign a treaty ad referendum. Shall negotiate international treaties in coordination with the Government.

Does article 38 of the Statute of the ICJ create a hierarchy of sources?. Article 38 SICJ does not reflect the sources of the PIL but the meaning of judicial decisions. Yes, it states the primacy of international custom. Yes, it states the primacy of the general principles recognized by civilized nations. No, it does not create any hierarchy among the sources of PIL.

Are all the formally recognized sources of PIL reflected in article 38 SICJ?. Yes. Yes, except for unilateral acts of states. Article 38 SICJ does not reflect the sources of PIL but the meaning of judicial decisions. Yes, except for unilateral acts of states and resolutions of International Organizations.

Under Spain’s Law 25/2014: Provisional application of a treaty is not authorized. Provisional application of a treaty shall be authorized by the Parliament. Provisional application shall not be authorized by the Parliament in respect of international treaties referred to in article 93 of the Spanish Constitution. Provisional application of a treaty may be authorized by the Council of Ministers.

According to Spain’s Law 25/2014: Non-binding international agreements may constitute a source of international obligations. Public universities can conclude non-binding international agreements where they have powers to do so. The Autonomous can conclude and implement international treaties. Non-binding international agreement are governed by International Law.